JUS-325_ Marbury v
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Date
Apr 3, 2024
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5
Uploaded by SuperHumanStingray878
1
Marbury v. Madison
Amelie Honaker
Grand Canyon University
JUS-325: The Adjudication Function
Kevin Walling
January 21, 2024
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Historical Backdrop
Marbury v. Madison is a seminal case in American law that established the notion of
judicial review, which permits courts to judge the legality of legislation. The Supreme Court
decided the issue in 1803 during the country's early years, when political tensions were high
between the Federalist and Democratic-Republican parties. The case's historical backdrop is the
1800 presidential election, in which Thomas Jefferson, a Democratic-Republican, ousted former
President John Adams, a Federalist. In the latter days of his presidency, Adams appointed several
Federalists to judicial positions, notably William Marbury as a justice of the peace for the
District of Columbia (Pollak, 2004). However, Marbury's selection was not transmitted before
Adams left the office. When Jefferson gained office, he directed his Secretary of State, James
Madison, not to deliver any more appointments. Marbury then sued Madison for a writ of
mandamus, which is a court order forcing Madison to surrender his commission. The Supreme
Court, led by Chief Justice John Marshall, determined that, while Marbury was entitled to his
commission, the Court lacked the authority under the Constitution to issue a writ of mandamus in
this case (Kramer, 2004). This case established the Court's judicial review authority, a watershed
milestone in the formation of the United States' legal and political structure. The case is
frequently cited for Justice Marshall's statement, "It is emphatically the province and duty of the
judicial department to say what the law is." (Marbury v. Madison, 5 U.S. 137, 177-1803) This
declaration reaffirmed the judiciary's status as an equal arm of government capable of evaluating
and overturning unconstitutional laws.
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Justice Marshall’s rationale
Justice Marshall's reasoning in the Marbury v. Madison case was significant in
developing the American judicial system. Marshall maintained that the Constitution, as the
"supreme law of the land," takes precedence over any other competing laws, which should be
deemed invalid (Marbury v. Madison, 5 U.S. 137, 1803). Marshall argued that it was the
judiciary's job to interpret the Constitution, and that Marbury had a legal right to his commission.
However, he discovered that the Judiciary Act of 1789, on which Marbury was relying to issue a
writ of mandamus, was incompatible with the Constitution (Holt, 1989). The Act granted the
Supreme Court the authority to issue such a document, but Marshall declared this section of the
Act unconstitutional, marking the first time the Supreme Court invalidated a law on such
grounds, thereby establishing the principle of judicial review (Dickson, 2001). Marshall's
rationale was based on the Constitution, which said that cases like Marbury's could not be
brought directly to the Supreme Court but had to begin in a lower court. As a result, he was
unable to issue the writ Marbury sought. This judgment dramatically strengthened the judicial
branch and reinforced its role as the ultimate interpreter of the Constitution, a premise that is still
central to the operation of the American judiciary (Joyce, 2005).
Significance of Marbury v. Madison
Marbury v. Madison is a pillar of American jurisprudence because it established the
notion of judicial review. This concept permits the judicial branch to deem laws unconstitutional,
limiting and balancing the powers of the other parts of government (Marbury v. Madison, 5 US
137, 1803). Its relevance stems from the fact that it established the Supreme Court's ability to
interpret the Constitution and decide the constitutionality of legislation approved by Congress.
This ruling ultimately gave the Supreme Court the final say in legal interpretations, influencing
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